Bankruptcy Attorney in Miami, FL
Bankruptcy Attorney in Miami, FL
Recently, our co-founder and esteemed bankruptcy attorney in Miami, Michael J. Brooks, received a heartfelt thank you note. The sender was a gentleman who, despite never becoming a client, was immensely grateful for the advice he received from us nearly a decade ago. We had counseled him against filing for bankruptcy, a decision that he appreciated years later.
At Bankruptcy Now, we take pride in offering our clients and potential clients the best possible guidance to navigate through financial distress. As your trusted bankruptcy attorney near you, we commit to treating your case as if it were our own. Regrettably, this client-first approach isn’t a universal practice among all bankruptcy law firms.
Whether you’re considering a Chapter 13 bankruptcy attorney or a Chapter 7 bankruptcy attorney, our seasoned team is equipped to handle your case. We can work with you remotely or welcome you at one of our Miami office locations. Having represented thousands of clients in bankruptcy cases, we invite you to be our next success story.
As a top bankruptcy lawyer in Miami, Michael J. Brooks specializes in Bankruptcy, Credit Card Debt, Foreclosure, Garnished Wages, Child Support, and Back Taxes. Choose Bankruptcy Now for reliable and compassionate legal support in Miami, FL.
In the realm of bankruptcy law, Chapter 7 Bankruptcy is frequently seen as the most straightforward path. As your Chapter 7 bankruptcy attorney in Miami, we can guide individuals and small businesses towards debt resolution, provided they meet specific criteria. The process is typically swift, often concluding in about three months, making it a viable solution for many to significantly reduce their financial burdens. However, the duration of the procedure can fluctuate depending on individual circumstances.
Chapter 13 bankruptcy is a highly effective solution for addressing your financial challenges. As your dedicated Chapter 13 bankruptcy attorney in Miami, Michael Brooks is committed to helping you secure a positive result by restructuring your debt and devising a payment plan that aligns with your financial capabilities. Once a resolution is reached, a monthly payment plan is set up to clear your debts, typically spanning a period of 3 to 5 years as determined by the bankruptcy trustee.
Navigating bankruptcy can be a complex process. Many attorneys shy away from bankruptcy cases due to the intricate nature of the bankruptcy code. As your bankruptcy attorney in Miami, it’s crucial to have a deep understanding of the bankruptcy code, Florida Statutes, and the requirements set by both Chapter 7 and Chapter 13 Trustees.
The moment you start making less than the full payments on your credit card, you’re heading towards financial difficulty. The interest on credit card debt is so steep that making only the minimum payments barely covers the principal amount, if at all. Falling significantly behind on your credit card debt can prompt credit card companies to take various actions. As your bankruptcy attorney in Miami, we can guide you through these challenges.
Foreclosure is a legal procedure carried out by the state court, permitting the bank to reclaim your property. Upon purchasing your home, you entered into a binding agreement by signing a promissory note and a mortgage. If you fall behind on your mortgage payments, this agreement allows the bank to initiate foreclosure proceedings in state court. As your bankruptcy attorney in Miami, we can help you navigate this process.
For your wages to be garnished, a judgment must first be issued against you. This implies that a creditor to whom you owe money must sue you, and the court must issue a judgment confirming the debt. As your bankruptcy attorney in Miami, we can provide guidance and support in such situations.
The calculation of child support is determined by a specific formula. This formula takes into account the income and expenses of both parties, as well as their needs and ability to pay. Typically, child support issues are resolved during mediation in family cases. As your bankruptcy attorney in Miami, we can help guide you through this process.
Property or real estate taxes are not eliminated in bankruptcy, meaning they remain due even after filing. If you wish to retain your home, these taxes must be settled. Outside of bankruptcy, failure to pay your real estate taxes within three years can lead to the sale of a certificate. As your bankruptcy attorney in Miami, we can help you understand these implications.
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A Chapter 7 bankruptcy in Florida typically takes about three to six months to complete from the time of filing.
A Chapter 13 bankruptcy in Florida usually lasts between three to five years, as it involves a repayment plan over that period.
Filing for bankruptcy in Miami involves several steps, including credit counseling, completing a bankruptcy petition, and attending a creditors’ meeting. It’s recommended to consult with a bankruptcy attorney in Miami to guide you through the process.
Whether you keep your car in a bankruptcy in Florida depends on your equity in the vehicle and the exemption laws. In many cases, you can keep your car, but it’s best to consult with a bankruptcy attorney for specifics.
Florida has a generous homestead exemption that often allows you to protect your home in bankruptcy, provided you meet certain conditions.
Bankruptcy in Florida can offer several benefits, including the discharge of certain debts, an automatic stay on collections, and the ability to start fresh financially.
While it’s possible to file bankruptcy on your own in Florida, it’s highly recommended to have a bankruptcy attorney guide you through the complex process to ensure your rights are protected.
The amount of money you can keep in a bankruptcy in Florida depends on the specific exemptions you can claim. It’s best to consult with a bankruptcy attorney for detailed information.
For both a Chapter 7 bankruptcy and a Chapter 13 bankruptcy, there is one hearing that all Debtor’s must attend. It’s not before a judge. It’s before the bankruptcy trustee. The hearing is very informal. During Covid-19, the hearings are by phone. The hearing generally lasts two to three minutes. They usually ask everyone the same questions. You should be prepared prior to the hearing by you attorney. Once that hearing is over, you generally do not have to attend any more hearings.
A secured debt is where you have signed a promissory note and there is collateral for the loan (a mortgage or a car). If you default on the loan the creditor can take the stuff that secures the loan. They can foreclose on the mortgage and take your real property, or they can repossess your car. An unsecured debt is when you promises to repay a loan, and there is no collateral. So the creditors only option is to sue you for the return of the money if you default on the loan.
When people come to see a bankruptcy attorney, their credit is usually already bad or soon will be. You cannot rebuild your credit until you resolve all of your negative financial issues. The fastest way to do that is by filing for bankruptcy. Once the bankruptcy is filed, you can start to rebuild your credit. You will be able to get a credit card (not a debit card). Every month you will make a charge, and immediately pay the card off in full. Within two years, your credit should be in excess of 700.
Exemptions allow you to exclude assets from the reach of creditors. Depending on your citizenship status, you may be able to use the U. S. Bankruptcy Code exemptions located in Section 522 of the U. S. Bankruptcy Code, Florida Statutes Section 222 (among other statutes) and the State of Florida Constitution.
Bankruptcy typically can’t erase student loan debt, most tax debts, and domestic support obligations such as child support and alimony.
A homestead exemption makes you homestead (the home where you live) exempt from the attachment of lien or forced sale by creditors. Under the Florida Constitution, ½ acre located within a municipality or 250 acres outside a municipality (Article x Section III) are exempt from the reach of creditors.
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